Self Defence Knowledge Summary

• Definition: Self-defence is a potential defence under s.76 of the Criminal Justice & Immigration Act 2008. It makes unlawful acts lawful.
• 1. Force was needed to protect:

  • D themselves
  • Others
  • Property or
  • Prevent a crime
• 2. Mistake - D can use self-defence if he was a reasonable mistake; R v Williams (Gladstone)

  • s.76(4b)(i) - D's view of threat and if they genuinely believed the mistake is considered.
  • s.76(4b)(ii) - considers if the D's view was reasonable
  • s.76(5) - D cannot rely on a drunken mistake if voluntary intoxication
• 3. Imminent: the threat faced by D should be imminent but D can make advance preparations in self-defence (AG Reference No.2 1983) d does not have to retreat but can make a pre-emptive strike and hit before he is hit.

  • If the threat has passed and no longer a danger, defence not available (R v Hussain)
• 4. Reasonable Force: the force used must be necessary and proportionate

  • s.76(7)(a) - D does not have to weigh to a nicety the exact measure of any necessary action.
  • s.76(7)(b) - If D only did what he honestly and instinctively thought was necessary.
• 5. Householder Issues: s.76(5A) of the CJIA 2008 if force used in:

  • A building/part of a building that is a dwelling
  • D is NOT a trespasser
  • D believes V is a trespasser
  • Not grossly disproportionate, Collins v Secretary of State for Justice
• Outcome:

  Successful - acquittal

  Unsuccessful - convicted